Aquilino v. Philadelphia Catholic Archdiocese

884 A.2d 1269, 2005 Pa. Super. 339, 2005 Pa. Super. LEXIS 3537
CourtSuperior Court of Pennsylvania
DecidedOctober 4, 2005
StatusPublished
Cited by39 cases

This text of 884 A.2d 1269 (Aquilino v. Philadelphia Catholic Archdiocese) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aquilino v. Philadelphia Catholic Archdiocese, 884 A.2d 1269, 2005 Pa. Super. 339, 2005 Pa. Super. LEXIS 3537 (Pa. Ct. App. 2005).

Opinion

OPINION BY

BENDER, J.:

¶ 1 Louis Aquilino (Aquilino), the plaintiff below, appeals from the October 1, 2004 final judgment entered subsequent to the September 8, 2003 grant of judgment on the pleadings in favor of defendants Archdiocese of Philadelphia (the Archdiocese) and St. Thomas Aquinas Catholic Church (the Parish), on the basis of the running of the statute of limitations. This case also involves the appeal of a third defendant, Michael D’Onofrio (Father D’Onofrio), the priest whom Aquilino claimed had sexually abused him in 1982 and 1983. After Father D’Onofrio failed to answer Aquilino’s complaint, the court entered a default judgment against him on January 13, 2004, and, at a subsequent assessment of damages hearing, a jury awarded Aquilino $450,000 against Father D’Onofrio. Father D’Onofrio appeals, alleging defective service of process. We affirm the judgments in both instances.1

¶ 2 We first set forth the relevant factual and procedural history, in further detail. Aquilino initiated this action by writ of summons on May 7, 2002, and filed a complaint on April 28, 2003. In his complaint, Aquilino alleged that when he was 12 and [1274]*127413 years old in 1982 ánd 1983, he was sexually abused on numerous occasions by Father D’Onofrio, the Parish’s priest at the time. Aquilino alleged that it was not until March of 2002, when he saw. the movie E.T., which he had originally seen with Father D’Onofrio years before, that he began to recall the numerous instances of abuse. Aquilino recalled specific,details about the physical aspects of the sexual abuse, Father D’Onofrio’s grooming behavior, and Father D’Onofrio’s threats to Aquilino, e.g., telling Aquilino that he would not go to heaven if he told anyone about the abuse, and saying such things as it was “God’s secret” and “[t]his is the way to heaven.” Aquilino contended that the Archdiocese and the Parish deliberately concealed sexual abuse by priests including Father D’Onofrio, whom they later transferred from parish to parish and, eventually, to Peru.

¶ 3 The Archdiocese and the Parish filed an answer with new matter on May 28, 2003. On June 17, 2003, the Archdiocese and the Parish filed a motion for judgment on the pleadings, alleging, inter alia, that the statute of limitations had run on Aquil-ino’s claims. After a hearing, the Honorable Arnold J. New, by order dated September 8, 2003, granted the Archdiocese’s and the Parish’s motion for judgment on the pleadings on the basis of the statute of limitations, and dismissed, with prejudice, the case against the Archdiocese and the Parish.

¶ 4 However, the case continued against Father D’Onofrio, who failed to answer Aquilino’s complaint. Aquilino had served Father D’Onofrio at his last known address in Peru. As noted above, the court entered a default judgment against Father D’Onofrio on January 13, 2004. Pursuant to an assessment of damages hearing held on April 28, 2004, a jury found in favor of Aquilino and against Father D’Onofrio in the amount of $450,000.

¶ 5 On May 10, 2004, for the first time, counsel entered his appearance for Father D’Onofrio and later filed a post trial motion and a petition to open or strike the default judgment, raising the issue of defective service upon Father D’Onofrio in Peru. Aquilino also filed a post trial motion seeking additur of the jury award and reversal of the court’s prior ruling that dismissed his complaint against the Archdiocese and the Parish. The Honorable John M. Younge denied Father D’Onofrio’s petition to open/strike on September 2, 2003, and Judge Younge denied both parties’ post trial motions on September 24, 2004. On October 1, 2004, Judge Younge entered judgment on the verdict in the amount of $450,000.

¶ 6 Aquilino now appeals from the final judgment, specifically challenging Judge New’s earlier dismissal of the Archdiocese and the Parish on their motion for judgment on the pleadings.2 Father D’Onofrio also appeals from the judgment entered on the jury verdict, alleging defective service of process. We will first address Aquili-no’s appeal from the dismissal of his complaint against the Archdiocese and the Parish.

Aquilino’s Appeal

¶ 7 Aquilino argues that Judge New erred by granting the Archdiocese’s and the Parish’s motion for judgment on the pleadings on the basis of the passing of the statute of limitations. We first note the applicable standard and scope of review:

[1275]*1275Appellate review of an order granting a motion for judgment on the pleadings is plenary. The appellate court will apply the same standard employed by the trial court. A trial court must confine its consideration to the pleadings and relevant documents. The court must accept as true all well pleaded statements of fact, admissions, and any documents properly attached to the pleadings presented by the party against whom the motion is filed, considering only those facts which were specifically admitted.
Lewis v. Erie Ins. Exchange, 753 A.2d 889, 842 (Pa.Super.2000) (quotation omitted). “We will affirm the grant of such a motion only when the moving party’s right to succeed is certain and the case is so free from doubt that the trial would clearly be a fruitless exercise.” Holt v. Lenko, 791 A.2d 1212, 1214 (Pa.Super.2002) (quotation omitted).

Crews v. Seven Springs Mountain Resort, 874 A.2d 100, 102 (Pa.Super.2005).

¶ 8 Against the Archdiocese and the Parish, Aquilino set forth counts of intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, battery, false imprisonment, fraudulent concealment, negligence per se, common law duty of reasonable care, breach of fiduciary duty, and respondeat superior. A two-year statute of limitations period applies to these claims. 42 Pa.C.S. § 5524. In a similar case our Court decided recently, we stated:

The statute begins to run “as soon as the right to institute and maintain a suit arises; lack of knowledge, mistake or misunderstanding do not toll the running of the statute of limitations.” Pocono Int’l Raceway, Inc. v. Pocono Produce, Inc., 503 Pa. 80, 468 A.2d 468, 471 (1988). A person asserting a claim “is under a duty to use all reasonable diligence to be properly informed of the facts and circumstances upon which a potential right of recovery is based and to institute suit within the prescribed statutory period.” Id.
The statute of limitations requires “aggrieved individuals to bring their claims within a certain time of the injury, so that the passage of time does not damage the defendant’s ability to adequately defend against claims made ... the statute of limitations supplies the place of evidence lost or impaired by lapse of time, by raising a presumption which renders proof unnecessary.” Dalrymple v. Brown, 549 Pa. 217, 701 A.2d 164, 167 (1997). Statutes of limitations “are designed to effectuate three purposes: (1) preservation of evidence; (2) the right of potential defendants to repose; and (3) administrative efficiency and convenience.”

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Cite This Page — Counsel Stack

Bluebook (online)
884 A.2d 1269, 2005 Pa. Super. 339, 2005 Pa. Super. LEXIS 3537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aquilino-v-philadelphia-catholic-archdiocese-pasuperct-2005.